1940-12-02 — Page 2

DONALD DUCK

Monday,

HONGKONG TELEGRAPH

DONALD DUCK

December 2, 1940.

By Walt Disney

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SUMMONSES

Appeals Court Decision

The decision of Mr. Q. A. A. Macfadyen," Senior Magis trate of Kowloon, in respect of a factory summons brought by Mr. E. C. Drown, Assistant Inspector of Factories and Work- shops, was the subject of an application for leave to appeal by way of re-hearing before the Chlef Justice, Sir Atholl Mac- Gregor, and Mr. Justice E. H. Williams, Acting Pulsne Judge, in the Full Court this morning.

Travel Bureau or from the Publishers. CONSIGNEES' NOTICE. Cresented

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AXIS THWARTED

IN BALKANS

LONDON, Dec. I (Reuter).-Axis) attempts to invade the Balkans on

N. Y. K. LINE

(NIPPON YUSEN KAISYA.) From EUROPE, INDIA and STRAITS

the

T.T.

A Glance

Japan

SELLING

T.T. India T.T. U.S.A T.T. Manila T.T. Batayla

T.T. Bangkok

T.T. London

Demand London T.T. Shanghai T.T. Singapore

385

52%

103

.82%

.48%

.4314

140%

T.T. Saigon

100%

.Nom

T.T. Switzerland

06/2

T.T. Australla

.1/6/

BUYING

4 m/s L/C London

.1/3/2

4 m/s D/P London

1/3%

4 m/s L/C U.S.A.

.246

4 m/s Franco

.Nom.

30 d/s India

,84/

TT, France

U.S. Cross role in London 4.0212

U.S. Cross rate in N.Y.....4.04

STOCK

MARKET REPORT

The summons was against the manager of the Lau Gee Engineering Co., of 129-181 Kweilin Street, for failure to fence securely the dangerous parts of five machines in contravention The Magistrate of the Factorics and Workshops Ordinance. registered a conviction in respect of rash and come to decisions on other In circumstances such as only the machine, Imposing a fine of grounds. $50 and the application for leave to these. I am afraid the only conclusion appeal was in connection with the we can possibly come to la to have a other four on the ground that they hearing de novo. It would be very

dileult indeed to come to

conclu- were also dangerous.

notes alone

without Mr. J. P. Murphy, Assistant Crown sion on the

the Solicitor, appeared for com-knowing what was in the mind of

Mr. Percy Magistrate, and subject to what Mr. plainant-appellant, and

to kay has Instructed by Mr. B. C. Hobbs, Chen

think I

re-hearing the defendant-respon- de novo would be a just course to take, if we grant you leave to appeal. dent.

No Particulars Given Mr. Murphy said that the grounds that the for the application were

Mr. Chen pointed out that no

the SUM finding that four of the machines

particulars were given in were reasonably safe, was against the mons although there was a large weight of the evidence and that the number of machines in the factory. Magistrate failed to take into con-Further, the statement given by de- of the case arising from the positions the machines in 1937, Mr. Philliped a small turnover, as sellers were sideration the special circumstances fendant that since the installation of the Senior Inspector of Factorica and of the machines. "SUWA MARU" to the Italian defeats by Greece,

hot attracted by the higher prices commented the Ankara radio yester-having arrived from the above ports, Mr. Brayfield's Evidence Workshops, had visited the premises day.

Consignees of Cargo are hereby

Against the evidence of the com- several times and had made no offered by buyers. There

Turkish informed that their Goods are being are people, the

Mc. plainant, Murphy continued, complaints, had not been challenged. radio continued, who prefer not to landed and placed at their risk h shed their blood for the schemes of the Hongkong and Kowloon Wharf Mr. T. H. G. Brayfield had testified This unchallenged statement might because they the conclusion that the machines others but who will die for their own and Godown Company's Godowns at on behalf of the defendant that the have led the Magistrate to come to Independence.

Bray were reasonably safe. Kowloon, whence delivery may be machines were safe

His Lordship granted leave to were properly fenced. Mr. official Hungarian paper obtained.

and the application, Bthfeld's evidence, however, was based Goods

elcared by the nut "Fester Lloyd" yesterday delivered a

on an inspection mode on September maite violent attack against Hungary's December, 1940, will be subject to

12 after the issue of the summons, by Murphy thereupon called Yiu Chung- hing, a draughtsman, who produced which time the Axls partner Rumanta speaking of rent,

machines, were

In copies of n plan he made of the Rumania's blind hatred for Hungary Damaged packages must be left in

machinery. and threatening netian to liberate the Godowns for examination by the fact properly fixed.

The Chief Justice: Hud the post-

Mr. Drown said that he had visited Hungarians still under Rumanian rule Consigure's and the Co's representa

tives on any Tuesdays and Fridays at tions of the machines been nitered the factory several times before in Transylvaniu.

2.30

p.m. within the free storage when Mr. Brayfield inspected the August 13 when he took out the and on each occasion he summons, period. For the camination of damaged premises?

not Mr. Murphy: No, although

muchines had the found that the TO TEST SYRENS Butable goods, the consignees must

CUSC Was altered. been fenced, although the manager arrange

for a Revenue Omeer to be belting in one

The machines were, in fact, in dan had been warned.

one of the be presented gerous positions and must

two flanks have falled utterly owing The Steamship

The

HERE COMES

to

Dangers Described

Mr.

The Director of Air Raid Precau- present. tions announces that a test of the All claims

As regards the drill, it had a pulley air raid syrens, both in Hongkong within ten days of the steamer's grounds for the application is that and Kowloon, will be carried out arrival here, after which date they the Magistrate-did not take that into wheel-ona-foot-from the floor. The sometime between the hours of 9 am cannot be recognized.

consideration In

his coming to

belting was running downwards and und mid-day

Wednesday, on

No claims will be admitted after decision.

was unfenced, and the danger anti- December 4,

the goods have left the Godowns. Continuing, Mr. Murphy said that elpated was that people's clothing! No fire insurance has been effected. the summons was in respect of five was apt to be caught and dragged NIPPON YUSEN KAISYA. machines, The Magistrale had con- down. The shaping machine had a vleted in respect of one and us pulley wheel about two feet nine Hongkong, 2nd December, 1940,

another the complainant was pre-inches from the floor. Being unfen- pared to abide by his decision, The ced, it was also dangerous for the application, therefore, now concerned

reason. The carborundum three machines o

wheel was ten inches in diameter, one

the wheel, a drill and a shaping machine,foot two inches from ground and Factories And Workshops tyo teet six inches from the door. The summons was taken out on Such a wheel was able to burst if August 13 under By-law 12 of the not properly mounted. Schedule to the Factories and Worke Mr. D. W. Phillips, Inspector of workshops, told the shops Ordinance, 1937, which stated factories that "in a factory dangerous parts of Court that in his view the machines gearing shall in question were definitely unsafe, machinery and mill be securely fenced or in such position: If unfenced. He knew of cases where as to be safe to every accidents had been caused by similar

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Respondent's Evidence went on, were

Hongkong Stock Exchange Omeial The short morning's session record- Summary, issued Saturday says.

Buyers

Canton Ing, $185

Providents $4.75

Lands $31

Realties 33.35

Tramy $10.50

Yaumati Ferries $22.25 Lights

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C.D. $0.00 Lights (new) C.D. $0.00 Electric (old) $38.26 Electrica (new) $37.75 Sandakan Lights $11.50 Telephones (old) $24 Telephones (new) $9.76 Cements $10.00 Ropes. $0.00 Dairy Farms $17.75 Watsons $9.10 Wm. Powell $1.80 Entertainments $8,60 Sellers

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Another British Submarine Lost

LONDON, Dec. 1 (Reuter). The British submarine. Triad (Lieutenant Commander G. S. Salt) is overdue and may be considered last, states. an Admiralty announcement,

One Fighter Station Gets 600th Victim LONDON, Dec. 1 (British Wireless). The 600th enemy aircraft

paid by the complainant in June, Lau Ping, defendant-respondent, destroyed by squadrons operating July and twice in

August. The said that his firm, which had been in machines in question had not then existence since 1917, manufactured from a single Fighter Command Station fell on Saturday thanks to the Prior to been fenced although the manager knitting machines.

this had been warned, and accordingly a case, he had received no warning combined efforts of two Spitfire pliats year-old flight commander who has the occasion of August 13 and that never had any accidents. The last 11 planes to his credit and the other, summons was taken out in respect of concerning the machine and had belonging to one squadron, one a 22-

Installed summons, was issued a week later, time he had the machinery Semarang The evidence of the complainant was was in 1937 since when Mr. Philips 20-year-old pilot officer who has

based on the standards of cafety laid had visited the factory several times, brought down 10.

He considered the carborundum down by the Home Offee and set out

wheel safe in the position where it they are liable to burrt?--Ygs, but to in an official pubilcation.

"It is

my submission," said Mr. was. The wheel had never burst nor a mild extent.

Further questioned, Mr. Brayfield Murphy, "that that evidence was had any man fallen against it. ignored

Questioned by Mr. Murphy, Lou also agreed that the shaping wheel not given enough const- or dération by the Magistrate. The agreed that the doorway near the and the drill would be unsafe, If not.

behalf of defen-wheel was used by workmen coming, fenced. expert evidence on

Giving judgment; the Chief Justice dant included evidence as to machines in and out,

Shanghal

Bingapor Sitiawan Sourabaya Lumpur Talping

Kuching Madras

Manila

Tientsin Tongkah

(Phuket) Txingtao Yokohama

Canton Cawnpore Cehu Colombo

Medan Delhi

New York Halphons

Pelping

(PERIOR) Hamburg

not the subject of the summons and Giving expert evidence on behalf said that he and Mr. Justice Williams Hankow

Penang

General this must have confused the Magis of the defence, Mr. T. H. G. Brayfield were perfectly satisfied that the three FOREIGN EXCHANGE and Banking Bustness transacted.

trate and prevented him from coming said that there were about 1,300 to machines in respect of which Mr.

in the Murphy had sought leave to appealį CURRENT ACCOUNTS opened #1+0

The were in fact quite unsafe at the time FIXED DEPOSTIS received for One Year to a proper decision On the whole 1,500 carborundum wheels or shorter periods in Local or Other Cur: the former hearing was most unsatis Colony, both wet and dry." rencies si fater which will be quoted on factory and 1. ask leave to appeal by wheel in question was, in his view of the issue of the summons.

properly mounted, and the danger of

Judg gment application.

it bursting was negligible. It was SAVINGS ACCOUNTS also opened in way of re-hearing."

"The hearing in this case," went on Local Currency and Sterling with interesi

automatically fenced in itself because allowed at rates obtainable on application The Chief Justice: Can you tell the operator must stand in front on His Lordship, has left in my mind

The Bank's Head Office in London

In all factorica of this the impression that the defendant, as undertakes Executor & Trustee business me why the usual course of going one side. and claims recovery of British Ineams before the Magistrate for a renature, the workmen were skilled a factory owner and as an employer Tax-overpaid, on terms which may be

hearing was not adopted?

machinists, and by that he meant that of labour, is not anxious to take any ascertained at any of its Agencies a

Mr. Murphy: personally thought they were accustomed to move about steps for the actual and complete Branches.

protection of the operators working '12. A, CAMIDGE,

that that course would have been between the machines.

As regards the shaping machine, under him. The view that I have me to in that there should be a proper, and I have spoken unemetally

Manag

METROPOLE

CEERROO÷

Waste Of Time

τα

to the Magistrate about it but he sold the pulley: was covered. on.one side.com on

that. It would be a waste of time as The belling generally was not cover-

nistered on each of the

to es in addition the speed of the fourth mashe on which Mr. Mac- The pulleys of the drill fadyen has registered a conviction.

Cross-Examination

**

On the drill and shoping machine, 1 Impose a fine of $100 in each card and

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he would come to the same decision. ed, the reason being to enable it to three mat

His Lordship: We are in this dif-move to vary the Aculty we do not know on what machine. grounds the Magistrate came to his were fully guarded. detom in respect of the other machines.

In answer to Mr. Murphy, Mr. the carborundum wheel $30. Deikn Mr. Murphy:

That is

position Brayfield said his evidence on these dont is also to pay the costs of this also but I was unable to persuade machines with basest on what he saw Chen: In view of your Lord-ESTATE "ROUND-WORLD SERVICEZA

on September 12 From his exper!- Mr. E., F. Brown, 170 Prince : His Lordahlo: It may be that he ence of workshops and shipyards, He ship's remarks about defendant, 1 Edward Road, had a sewing machine was subdued by the big guns of Mr. should imagine that 80 per cent of would like to point out that he has head and an electric iron stolen from Brayfield, but he might have diare the carborundum wheels were unpro- fenced the drill and the belting of the his house, between November 23 and garded every word Mr. Brayfold, tected; A3393 NAZREJENNER shaping machine, t

Falde Magistrates sometime the Mr. Murphy Do you agree that His Lordship: Of that I am aware

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